Hi Readers
I am working in a BPO org. since past 1.6 years and i resigned from this company on 1st august 2008.As in the appointment letter which i signed says that i have to serve the notice period of 3 months,but due to some personal and professional circumstances i have to leave this org.on 31st aug by serving only 1 month notice period.I have completed all exit interviews and have the soft copy of acceptance of my resignation letter by my manager (although he wrote in that email that i have to stay here till 3 months but my resignation accepted).They are saying i have to stay till my replacement comes, so i myself forwarded 10 CVs to them.
I also have the email in which i wrote to my manager that i wont be able to stay beyond 31st aug and m ready to cooperate and ready to transite all my knowledge and work to any other resource, and ready to buy out the remaining period.
I want to ask you guys, is there any possibility that this comp can file a case against me and withhold my relieving letter and F&F?
Although my new comp doesnt need the relieving letter right now but may ask for it later after 3-4 months.
I am in very great distress as i want to avoid the legal hassles.Till now i am in good relationships with all my managers and HR persons in my prev comp.
Please help me.
Abhik
From India, Lucknow
I am working in a BPO org. since past 1.6 years and i resigned from this company on 1st august 2008.As in the appointment letter which i signed says that i have to serve the notice period of 3 months,but due to some personal and professional circumstances i have to leave this org.on 31st aug by serving only 1 month notice period.I have completed all exit interviews and have the soft copy of acceptance of my resignation letter by my manager (although he wrote in that email that i have to stay here till 3 months but my resignation accepted).They are saying i have to stay till my replacement comes, so i myself forwarded 10 CVs to them.
I also have the email in which i wrote to my manager that i wont be able to stay beyond 31st aug and m ready to cooperate and ready to transite all my knowledge and work to any other resource, and ready to buy out the remaining period.
I want to ask you guys, is there any possibility that this comp can file a case against me and withhold my relieving letter and F&F?
Although my new comp doesnt need the relieving letter right now but may ask for it later after 3-4 months.
I am in very great distress as i want to avoid the legal hassles.Till now i am in good relationships with all my managers and HR persons in my prev comp.
Please help me.
Abhik
From India, Lucknow
Hi!
From a legal and technical point of view, you have violated the terms and references of the "resignation policy" of your company --- which you said to have a established "notice period leadtime" of three (3) months.
I would like to understand that the acceptance of your your resignation by your immediate manager was based on the assumption that you will observe the mandated lead time requirement of the company.
Unless your company policy provides for an option on the part of the employee to buy out the remaining notice period, and your country's Labor Law mandates only a one (1) month notice to be sufficient compliance for resignations, it would appear that you don't have any legal option but to comply with your company policy.
Non-compliance to company policies, like the required "resignation notice period leadtime", would normally carry its consequent penalties. Unless the policy and penalties are contrary to the provisions of your country's Labor Law, the company can rightly and legally implement the prescribed DA (Disciplinary Action) enumerated for such offense.
Hence, if your internal policy states that non-compliance to the required lead time for resignation would mean the withholding of employment clearance, last pay, and benefits, the company can rightly and legally do them to you. Moreover, the company can even sue you for damages arising from your breach of the said policy ---- e.g. if the company incurrs loses due to disruptions in its production operations that can directly be attributed to your sudden resignation and disappearance from work.
You should understand that "notice period leadtime policy" are formulated and implemented to protect the company from "irresponsible employees" who would just leave their posts anytime they like, esp when offered by a better employment arrangement and/ or compensation by others. The law recognizes this sad situation and protects the employer from such kind of employees by giving them the option to litigate employees who wouold cause them problems and losses.
However, I would still suggest that you consult a very good Labor Lawyer to review your case. But if all the details that you mentioned above were accurate and true, I think you have a very tight case should you decide to litigate this matter, even if you can find a very good lawyer ---- that is usually expensive to retain.
As a Labor Relations consultant, I have always advised employees who are caught in difficult labor relations problem to just talk it out with their employers instead of fighting them in courts. We should always remember that many of the companies we serve have full time lawyers and legal consultants that are ready to defend their client's rights and interests anytime and anywhere.
Best wishes.
Ed Llarena, Jr.
Managing Partner
Emilla Consulting
(landline)
(mobile)
From Philippines, Parañaque
89From a legal and technical point of view, you have violated the terms and references of the "resignation policy" of your company --- which you said to have a established "notice period leadtime" of three (3) months.
I would like to understand that the acceptance of your your resignation by your immediate manager was based on the assumption that you will observe the mandated lead time requirement of the company.
Unless your company policy provides for an option on the part of the employee to buy out the remaining notice period, and your country's Labor Law mandates only a one (1) month notice to be sufficient compliance for resignations, it would appear that you don't have any legal option but to comply with your company policy.
Non-compliance to company policies, like the required "resignation notice period leadtime", would normally carry its consequent penalties. Unless the policy and penalties are contrary to the provisions of your country's Labor Law, the company can rightly and legally implement the prescribed DA (Disciplinary Action) enumerated for such offense.
Hence, if your internal policy states that non-compliance to the required lead time for resignation would mean the withholding of employment clearance, last pay, and benefits, the company can rightly and legally do them to you. Moreover, the company can even sue you for damages arising from your breach of the said policy ---- e.g. if the company incurrs loses due to disruptions in its production operations that can directly be attributed to your sudden resignation and disappearance from work.
You should understand that "notice period leadtime policy" are formulated and implemented to protect the company from "irresponsible employees" who would just leave their posts anytime they like, esp when offered by a better employment arrangement and/ or compensation by others. The law recognizes this sad situation and protects the employer from such kind of employees by giving them the option to litigate employees who wouold cause them problems and losses.
However, I would still suggest that you consult a very good Labor Lawyer to review your case. But if all the details that you mentioned above were accurate and true, I think you have a very tight case should you decide to litigate this matter, even if you can find a very good lawyer ---- that is usually expensive to retain.
As a Labor Relations consultant, I have always advised employees who are caught in difficult labor relations problem to just talk it out with their employers instead of fighting them in courts. We should always remember that many of the companies we serve have full time lawyers and legal consultants that are ready to defend their client's rights and interests anytime and anywhere.
Best wishes.
Ed Llarena, Jr.
Managing Partner
Emilla Consulting
(landline)
(mobile)
From Philippines, Parañaque
Hi Abhi
I see there is no hassle in you getting relieved
Only thing you need to do is, as you have served good amount of time with the organization, please see that you get proper replacement and transfer the knowledge. Please tell the people around that you are always around to help them out with any matters for a month after your relieving. Please keep the management of new organization also informed about this
Please prepare knowledge transfer documents, check list of things that you would be handing over and the places you have stored them which would make things easier
Get properly relieved and have a bright future
Kumar
From India, Hyderabad
I see there is no hassle in you getting relieved
Only thing you need to do is, as you have served good amount of time with the organization, please see that you get proper replacement and transfer the knowledge. Please tell the people around that you are always around to help them out with any matters for a month after your relieving. Please keep the management of new organization also informed about this
Please prepare knowledge transfer documents, check list of things that you would be handing over and the places you have stored them which would make things easier
Get properly relieved and have a bright future
Kumar
From India, Hyderabad
Ms.Abhi
There is no legal issue in this Matter,
First you need to hand over all thing related to your job and get the acknowledgement.
Kindly tell this issue to your boss in new company
Check the appointment letter stating that, you should want to pay some amount , if you violet the notice period.
They will not stop your F&F (like PF and other things)
So Don't worry about this thing.
If you have further doughts, send me a mail on the below mention Mail id
[IMG]https://www.citehr.com/misc.php?do=email_dev&email=c3VkaGFyc2hhbmFuQGFvbC 5pbg==[/IMG]
Regards
Sudharshanan
From India, Madras
There is no legal issue in this Matter,
First you need to hand over all thing related to your job and get the acknowledgement.
Kindly tell this issue to your boss in new company
Check the appointment letter stating that, you should want to pay some amount , if you violet the notice period.
They will not stop your F&F (like PF and other things)
So Don't worry about this thing.
If you have further doughts, send me a mail on the below mention Mail id
[IMG]https://www.citehr.com/misc.php?do=email_dev&email=c3VkaGFyc2hhbmFuQGFvbC 5pbg==[/IMG]
Regards
Sudharshanan
From India, Madras
Dear Ed Llarena, Jr.
I very much appreciate your kind concern and I can very well understand the problems which a company could face if any employee resigns.
But, if the employee is ready to pay the remaining notice prd days and is completely ready to co-operate with the company by transitioning all his knowledge and work to any other resource in the team so that production doesnt get affected, is ready to work full time in this one month and will complete all pending works before he goes,and moreover helps the management to find the suitable replacement, even then the company will create problems for him/her just because he/she signed this crap agreement.
anyways, i talked to my manager today only and he was saying that there is very little chance that they will file a case against me because I have transioned all my works and not involved in any project independently and team can manage my absence.
Lets see what happens!
This was my 1st job and i didnt know that this corporate world sucks every drop a blood out of you.but i will be beware of this again in my future
thanks again
abhik
From India, Lucknow
I very much appreciate your kind concern and I can very well understand the problems which a company could face if any employee resigns.
But, if the employee is ready to pay the remaining notice prd days and is completely ready to co-operate with the company by transitioning all his knowledge and work to any other resource in the team so that production doesnt get affected, is ready to work full time in this one month and will complete all pending works before he goes,and moreover helps the management to find the suitable replacement, even then the company will create problems for him/her just because he/she signed this crap agreement.
anyways, i talked to my manager today only and he was saying that there is very little chance that they will file a case against me because I have transioned all my works and not involved in any project independently and team can manage my absence.
Lets see what happens!
This was my 1st job and i didnt know that this corporate world sucks every drop a blood out of you.but i will be beware of this again in my future
thanks again
abhik
From India, Lucknow
Thanks Guys for your replies and kind consideration.
i talked with my manager today and he said that there is very little chance that my comp can file a case against me because i m not handling any independent project/process and have already transioned my knowledge to other resources in the team and they generally file a case against the employee who is very critical to the process and comp suffers huge loss after his/her resignation.
Looks ok till now to me.....lets c wat happens....moreover the most cooperative person in my comp is my HR manager...she confirmed me today that in any case i will get the relieving letter and F&F .......
Lets c wat happens
Thanks again
Abhik
From India, Lucknow
i talked with my manager today and he said that there is very little chance that my comp can file a case against me because i m not handling any independent project/process and have already transioned my knowledge to other resources in the team and they generally file a case against the employee who is very critical to the process and comp suffers huge loss after his/her resignation.
Looks ok till now to me.....lets c wat happens....moreover the most cooperative person in my comp is my HR manager...she confirmed me today that in any case i will get the relieving letter and F&F .......
Lets c wat happens
Thanks again
Abhik
From India, Lucknow
All the Best Abhik. You will be relieved. There's isn't any issue for this. It's only a tactic organization plays in order to retain it's talent... that's it.
So just chill out and don't panic. This forum is for this only, where you can share in your queries, knowledge, ideas etc.
Regards,
Surabhi
From Germany, Frankfurt Am Main
So just chill out and don't panic. This forum is for this only, where you can share in your queries, knowledge, ideas etc.
Regards,
Surabhi
From Germany, Frankfurt Am Main
dear readers
thanks again for your kind responces till now.I m worried just because of my company's reputation.It is notorious to file a case against its employees n harass them to the core.
It has the legal team which is a fixed cost for the company so no overheads for them....
dont know what will happen......
I hope for the best .....lets c wat will happen ....
I am ready to cooperate them but they are not concerned abt this......they only look at the revenue leakage (my comp is a bpo comp.so they will lose out the money which they charge from the customers)....
I will never ever join bpo/kpo in future and will advice you guys too not to join such comps.
thanks
abhik
From India, Lucknow
thanks again for your kind responces till now.I m worried just because of my company's reputation.It is notorious to file a case against its employees n harass them to the core.
It has the legal team which is a fixed cost for the company so no overheads for them....
dont know what will happen......
I hope for the best .....lets c wat will happen ....
I am ready to cooperate them but they are not concerned abt this......they only look at the revenue leakage (my comp is a bpo comp.so they will lose out the money which they charge from the customers)....
I will never ever join bpo/kpo in future and will advice you guys too not to join such comps.
thanks
abhik
From India, Lucknow
Hello Abhi
I am facing similar problem. please have a look at on my post
<link no longer exists - removed>
In my case i've given resignation letter which specifically tells 15 days notice, even though company has 3 month policy company has accepted my resignation letter.
Any suggestion are appreciated in my problem
From India, Mumbai
I am facing similar problem. please have a look at on my post
<link no longer exists - removed>
In my case i've given resignation letter which specifically tells 15 days notice, even though company has 3 month policy company has accepted my resignation letter.
Any suggestion are appreciated in my problem
From India, Mumbai
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